NDAA for Fiscal Year 2012

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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle C — Amendments To General Contracting Authorities, Procedures, And Limitations
P. L. 114-	House Conference Report. 114-840
SEC. 828. DEFENSE ACQUISITION CHALLENGE PROGRAM AMENDMENTS. (a) Expansion Of Scope To Include Systems-Of-Systems And Functions.—Paragraph (2) of subsection (a) of section 2359b of title 10, United States Code, is amended by striking “or system” and all that follows through the end of the paragraph and inserting the following: “system, or system-of-systems level of an existing Department of Defense acquisition program, or to address any broader functional challenge to Department of Defense missions that may not fall within an acquisition program, that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program or function.”. (b) Treatment Of Challenge Proposal Procedures As Use Of Competitive Procedures.—Such section is further amended— (1) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and (2) by inserting after subsection (i) the following new subsection: “(j) Treatment Of Use Of Certain Procedures As Use Of Competitive Procedures.—The use of general solicitation competitive procedures established under subsection (c) shall be considered to be the use of competitive procedures for purposes of chapter 137 of this title.”. (c) Extension Of Sunset For Pilot Program For Programs Other Than Major Defense Acquisition Programs.—Such section is further amended in paragraph (5) of subsection (l), as redesignated by subsection (b)(1) of this subsection, by striking “2016” and inserting “2021”. (d) Conforming Amendments.—Such section is further amended— (1) in subsection (c)(3), by inserting “or functions” after “acquisition programs”; (2) in subsection (c)(4)(A)— (A) by striking “and” at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting “; and”; and (C) by adding at the end the following new clause: “(iii) any functional challenges of importance to Department of Defense missions.”; (3) in subsection (c)(5), by adding at the end the following new subparagraph: “(D) Whether the challenge proposal is likely to result in improvements to any functional challenges of importance to Department of Defense missions, and whether the proposal could be implemented rapidly, at an acceptable cost, and without unacceptable disruption to such missions.”; and (4) in subsection (c)(5)(B) and in subsection (e)(1), by striking “or system” and inserting “system, or system-of-systems”.	Defense Acquisition Challenge Program amendments (sec. 828) The Senate bill contained a provision (sec. 824) that would amend section 2359b(a)(2) of title 10, United States Code, to expand the scope of the defense acquisition challenge program to include alternatives to existing acquisition programs and to clarify that the general solicitation competitive procedures used under the program are competitive procedures under chapter 137 of title 10, United States Code. The House amendment contained no similar provision. The House recedes.